Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J3466/02
2003.03.18
In the matter between
ALUDI TECHNOLOGIES (PTY) LIMITED Applicant
and
L J VAGHELA Respondent
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J U D G M E N T
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REVELAS, J:
1. In this matter an application was brought by the
applicant, Aludi Technologies (the respondent), to set
aside the order made by the Labour Court on 10 October
2002. In terms of that order Ndlovu J made the award
issued by a commissioner of the Commission for
Conciliation, Mediation and Arbitration, dated 8 July
2002, an order of court. The respondent was not
notified of the date of set down. I am aware of the
rule that the registrar is not obliged to notify the
respondent of set down where the respondent has never
given an indication that it wishes to oppose a
particular matter.
1. 1. 2. In this matter I am satisfied that there is a
proper explanation before me for the absence of such
papers. The applicant, who resides in a different
province, sent its papers by courier which did not
reach their destination. I also wish to note that in
this court, judgments are too often set aside. However,
the legislature thought it fit to design a remedy for a
harsh rule to ameliorate or rectify the situation
created where the registrar is not obliged to notify a
respondent who has not put papers before the court
within a certain time of the date of hearing. Because
of this inroads of this rule into the audi alteram
partem rule judges of this court are generally lenient
towards respondents who have not accordingly been
notified.
3. In the circumstances I make the following order:
1. The order of Ndlovu AJ, dated 10 October 2002, is
rescinded.
2. There is no order as to costs.
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E. Revelas